Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68171 of 2024 Arising Out of PS. Case No.-641 Year-2023 Thana- DHANARUA District- Patna ====================================================== Sudhir Kumar S/o- Yogendra Prasad Village- Mai sonmai Ps- Dhanaruwa District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Lalan Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in connection with Dhanarua P. S. Case No. 641/2023 in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code to which Sections 302 and 201 of the Indian Penal Code were added later on .
3 . F.I.R. has been registered against unknown for kidnapping and thereafter, committing murder of son of the informant.
4. Submission of learned counsel for the petitioner is that petitioner is not named in the First Information Report. The name of the petitioner has been dragged in the instant case merely on the confessional statement of co-accused Amarnath Kumar. Further submission is that informant is not an eye
Patna High Court CR. MISC. No.68171 of 2024(2) dt.27-09-2024 2/2 witness to the alleged occurrence .
5 . Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending that as a matter of fact, there was love affairs between the sister of co-accused Amarnath Kumar and the son of the informant. It is further contended that it is a case of honor killing and during course of investigation it has come that petitioner along with coaccused persons committed the murder of deceased. Hence, it is not a fit case of anticipatory bail.
6. Having considered the facts and circumstances of the case and nature of accusation and gravity the offence , this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T